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Redevelopment in absence of flat owner


30-Nov-2023 (In Property Law)
Hi, My father had one flat( Co-op. Housing Society) in Thane district which was on his name. He passed away recently and my mother is also no more. There was no will or any nomination for this flat. I have submitted an application in society for share transfer along with NOC from my sister and indemnity bond. My sister does not any objection in releasing her rights and is clearly described in NOC. But despite this, society is not transferring the share certificate on my name and giving lame excuses every time. Now there is one new thing happening, some builder has shown interest and discussion of redevelopment is going on. So my question is if flat is on my deceased father name and society has not transferred on my name, then what would be consequences in this case? Can Society go ahead with redevelopment process without consent from our flat?
Answers (3)

Answer #1
564 votes
We first need to know the reason given by the society for not transferring the flat in your name. Hope you have taken succession certificate from the court. As per law after demise of a person his/her property goes to his/ her legal heirs, and there are certain proceedure to follow for transferring the rights. Society may do the same on the ground of majority of flat owners.

Answer #2
831 votes
no society cannot ideally go ahead with the redevelopment even if there is absence of one members, though deceased.
ideally society has to be transfer the flat in your name and take the NOC for it's records.
even if they plan to go ahead with the redevelopment, they will have to publish an advertisement in the newspapers, basically a public notice calling for the legal heirs of your father. which cost no managing committee wants to do when they already have the legal heirs asking for transfer in their name
Answer #3
673 votes
If Society is not transfering share in your name as the flat is in your father's name and there is nomination by him, then you may contact any lawyer and apply for heirship certificate in court and after getting heirship certificate , society can not legally deny the share transfer.

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